The court rejected the argument that the regulation was arbitrary even though courts use "as the crow flies" miles in enforcing the 100 mile limitation on service of process under the Federal Rules of Civil Procedure and in analyzing the relevant geographic market for antitrust liability under the Sherman Act. A clever argument according to the court, but unavailing since the underlying purposes are different.

One argument that was not made was coverage by estoppel which has been attempted in other cases, generally unuccessfully as well. Hackworth had actually been granted an FMLA leave and only when she wanted to return did the employer pull out its handy map.